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<br />HEAUKULANI: Are the Bumatais doing business now? <br /> <br />SUMIDA: Not that I know of. <br /> <br />HEAUKULANI: So, $70,000 that you divvied up between four applicants and then the <br />Bumatais contribute a $1,500 share? <br /> <br />SUMIDA: Yes. <br /> <br />HEAUKULANI: All right, thank you. <br /> <br />SUMIDA: Okay. <br /> <br />GONZALES: Any other questions for Mr. Sumida? <br /> <br />ONO: Could you clarify? Excuse me. May I? <br /> <br />GONZALES: Yes sir. <br /> <br />ONO: Could you clarify? Now then, are you saying that the Habermanns have not, are not <br />contributing to their so called fair share? <br /> <br />SUMIDA: Well, I don’t think they understand about it. It wasn’t even put in as a condition. So, <br />I’m just saying if we had the same condition, wouldn’t that be like discrimination for putting in <br />other applicants without having the same condition? <br /> <br />ONO: Okay, thank you. <br /> <br />GONZALES: You got anything for that, Jeff? <br /> <br />DARROW: This was an issue that we did wrestle with. And the problem is the original permits <br />that Mr. Sumida is referring to was a request from the Hawaiian Paradise Park Association. <br />rd <br />They were asking that the applicants participate in paving their portion of 33 because of these <br />uses that were going to be coming within the Park. It was not a fair share condition or anything <br />like that. It was just a simple condition stating that if the applicants would like an additional <br />rd <br />extension of time, that 33 had to be paved to their business. And so, as a result of those <br />applicants getting together and paving the road, they were able to come back in and receive the <br />additional extension of time. As mentioned, one of the applicants was further down the road and <br />wasn’t able to participate or did not participate so they had, their permit at this point is basically, <br />it’s kind of null, null and void but--. The problem is, is we get into a situation where--does the <br />Planning Department enforce making someone pay money. When other people come in, do we <br />require them to pay a certain amount. Whereas, this was originally just something that the <br />Paradise Park Association requested as part of a condition. It was placed in by the Commission <br />for the extension. Additionally, we’ve learned that Paradise Park Association or road <br />rd <br />maintenance is planning on extending 33 to the end. That’s what we’ve heard. So, it’s just a <br />5 <br />EXHIBIT D <br /> <br /> <br />